Order entered April 16, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00194-CV
IN RE SCOTT FRENKEL, Relator
Original Proceeding from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-03470-2016
ORDER
Before Justices Molberg, Reichek, and Smith
Before the Court are relator’s (1) March 29, 2021 motion to seal the petition
for writ of mandamus; (2) March 29, 2021 motion to consider and seal the in
camera supplemental record, and (3) April 14, 2021 motion to seal the in camera
supplemental record. Relator states that the petition’s appendix and supplemental
record contain documents that were filed under seal in the trial court, and he asks
this Court to maintain the petition and supplemental record under seal. The trial
court’s March 1, 2021 sealing order, however, does not meet the requirements of
Rule 76a. See TEX. R. CIV. P. 76a (setting forth the requirements for sealing court
records).
We will TEMPORARILY SEAL the petition for writ of mandamus and
supplemental record pending further order of this Court. The parties have
TWENTY DAYS from the date of this order to provide a proper Rule 76a order
from the trial court permitting the filing of the documents under seal and to
supplement the mandamus record with a copy of that order. Failure to do so will
result in the denial of the motion, unless, within that time frame, the parties submit
briefing establishing a valid legal basis on which we may maintain the documents
under seal without an order sealing the documents in the trial court.
Also before the Court is relator’s March 31, 2021 second emergency motion
for temporary relief. Based on relator’s April 13, 2021 letter advising us that the
trial court has now granted his requested relief, we DENY the second emergency
motion as moot.
/s/ AMANDA L. REICHEK
JUSTICE